|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|17-1672||10th Cir.||Feb 26, 2019||Jun 26, 2019||5-4||Gorsuch||OT 2018|
Holding: The U.S. Court of Appeals for the 10th Circuit’s judgment – that 18 U. S. C. §3583(k)’s last two sentences are unconstitutional and unenforceable – is vacated, and the case is remanded.
Judgment: Vacated and remanded, 5-4, in an opinion by Justice Gorsuch on June 26, 2019. Justice Gorsuch announced the judgment of the Supreme Court and delivered an opinion, in which Justices Ginsburg, Sotomayor, and Kagan joined. Justice Breyer filed an opinion concurring in the judgment. Justice Alito filed a dissenting opinion, in which Chief Justice Roberts and Justices Thomas and Kavanaugh joined.
|Date||Proceedings and Orders |
|Apr 03 2018||Application (17A1065) to extend the time to file a petition for a writ of certiorari from April 16, 2018 to May 16, 2018, submitted to Justice Sotomayor.|
|Apr 04 2018||Application (17A1065) granted by Justice Sotomayor extending the time to file until May 16, 2018.|
|May 03 2018||Application (17A1065) to extend further the time from May 16, 2018 to June 15, 2018, submitted to Justice Sotomayor.|
|May 03 2018||Application (17A1065) granted by Justice Sotomayor extending the time to file until June 15, 2018.|
|Jun 15 2018||Petition for a writ of certiorari filed. (Response due July 16, 2018)|
|Jun 28 2018||Motion of Andre Ralph Haymond for an extension of time not accepted for filing (corrected version submitted). (June 29, 2018)|
|Jun 28 2018||Motion to extend the time to file a response from July 16, 2018 to August 15, 2018, submitted to The Clerk.|
|Jun 29 2018||Motion to extend the time to file a response is granted and the time is extended to and including August 15, 2018.|
|Aug 07 2018||Motion to extend the time to file a response from August 15, 2018 to September 14, 2018, submitted to The Clerk.|
|Aug 13 2018||Motion to extend the time to file a response is granted and the time is further extended to and including September 14, 2018.|
|Sep 13 2018||Brief of respondent Andre Ralph Haymond in opposition filed.|
|Sep 13 2018||Motion for leave to proceed in forma pauperis filed by respondent Andre Ralph Haymond.|
|Sep 26 2018||Waiver of the 14-day waiting period pursuant to Rule 15.5 filed by the Solicitor General.|
|Sep 26 2018||DISTRIBUTED for Conference of 10/12/2018.|
|Sep 26 2018||Reply of petitioner United States filed. (Distributed)|
|Oct 22 2018||DISTRIBUTED for Conference of 10/26/2018.|
|Oct 26 2018||Motion for leave to proceed in forma pauperis filed by respondent GRANTED.|
|Oct 26 2018||Petition GRANTED.|
|Nov 19 2018||Motion for an extension of time to file the briefs on the merits filed.|
|Nov 20 2018||Motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 17, 2018. The time to file respondent's brief on the merits is extended to and including January 18, 2019.|
|Dec 06 2018||Motion to dispense with printing the joint appendix filed by petitioner United States.|
|Dec 17 2018||Brief of petitioner United States filed.|
|Dec 21 2018||SET FOR ARGUMENT for Tuesday, February 26, 2019.|
|Dec 21 2018||Brief amici curiae of States of Utah, et al. filed.|
|Jan 07 2019||Motion to dispense with printing the joint appendix filed by petitioner GRANTED.|
|Jan 11 2019||Record requested from the U.S.C.A. 10th Circuit.|
|Jan 15 2019||CIRCULATED|
|Jan 16 2019||Record from the U.S.C.A. 10th Circuit is electronic and located on PACER. The record is complete.|
|Jan 18 2019||Brief of respondent Andre Ralph Haymond filed. (Distributed)|
|Jan 25 2019||Blanket Consent filed by Respondent, Andre Ralph Haymond.|
|Jan 25 2019||Brief amici curiae of FAMM and the National Association of Criminal Defense Lawyers filed. (Distributed)|
|Jan 25 2019||Brief amicus curiae of Due Process Institute filed. (Distributed)|
|Jan 25 2019||Brief amici curiae of Social Science and Law Scholars filed. (Distributed)|
|Feb 01 2019||Letter Proposing Material for Lodging of Andre Ralph Haymond not accepted for filing. (Request withdrawn as record material received from Tenth Circuit. February 19, 2019)|
|Feb 14 2019||Reply of petitioner United States filed. (Distributed)|
|Feb 26 2019||Argued. For petitioner: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: William D. Lunn, Tulsa, Okla.|
|Apr 19 2019||Motion for appointment of counsel filed by respondent Andre Ralph Haymond.|
|Apr 19 2019||Affidavit of service to motion for appointment of counsel filed. (May 29, 2019)|
|May 28 2019||DISTRIBUTED for Conference of 6/13/2019.|
|Jun 17 2019||Motion to appoint counsel filed by respondent GRANTED, and William D. Lunn, Esq., of Tulsa, Oklahoma, is appointed to serve as counsel for respondent in this case.|
|Jun 26 2019||Judgment VACATED and case REMANDED. Gorsuch, J., announced the judgment of the Court and delivered an opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined. Breyer, J., filed an opinion concurring in the judgment. Alito, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas and Kavanaugh, JJ., joined.|
|Jul 29 2019||JUDGMENT ISSUED>|
Justice Sonia Sotomayor dissents, says immigrant is asking only for "the small grace, to which he is legally entitled, of being allowed to remain in the country while he pursues his substantial claims for relief" https://twitter.com/AHoweBlogger/status/1352779432881217537
#SCOTUS will not block deportation of Haitian immigrant with serious mental illness while he appeals to Fifth Circuit. https://www.supremecourt.gov/opinions/20pdf/20a111_8nj9.pdf
Today we Tok’d about cert petitions and the court’s private conference.
Tell us. How do you pronounce certiorari?
We expect orders from the court’s private conference today on Monday morning at 9:30 a.m. EST. Opinions at 10:00 a.m. EST.
Good news! The court will continue live audio streaming for its February sitting.
#SCOTUS announces that during the February argument session, which begins on 2/22, it will once again hear oral arguments by phone, w/live audio available to the public, b/c of COVID-19 pandemic: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_01-22-21
Check out the latest Relist Watch from @johnpelwood.
TEN new relists -- including 6 involving Pres. Trump/Trump Admin initiatives that strangely skipped the Jan. 15 conference: Emoluments Clause suits, Public Charge Rule, Title X abortion/counseling rule. Plus a call to revisit regulatory takings & Nevada's COVID restrictions. https://twitter.com/SCOTUSblogposts/status/1352358829317648384
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